Md. Faran v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1879 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Faran Kamruzzama @ Kamruzama Resident of Village- Baturbari, Ward No.13, P.S.- Tarabari, District - Araria ... ... Petitioner/s
Versus
1.
The State Of Bihar and Anr Bihar 2.
Membari Md. Faran, D/o- Md. Nayeem Resident ofVillage- Bhagwanpur, Ward no. 2, P.S.- Jokihat, District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Naushad Uzzoha For the Opposite Party/s :
Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.134C/2018 , registered for offences punishable under Section 498A of the Indian Penal Code. Allegation against the petitioner is of subjecting his wife i.e. O.P.no.2 for cruelty and harassment with respect to demand of buffalow and Rs.50,000/-.
Submission of the learned counsel for the petitioner is that he is still ready to keep her but she has refused to live with the petitioner.
Heard learned A.P.P. and the learned counsel for the complainant and they have opposed the prayer for bail on the
Patna High Court CR. MISC. No.1879 of 2019(3) dt.12-03-2019 2/2 ground that considering the harassment and cruelty given to her, she is not ready to live with the petitioner. . Having heard both sides and in view of the facts and circumstances, as stated above, let the provisional bail earlier granted to the petitioner, vide order dated 15.01.2019 passed in Cr. Misc. No.1879 of 2019, is hereby confirmed with condition that if any maintenance case is filed by the O.P.no.2 he has to co-operate in disposal of the same, otherwise the O.P.no.2 is at liberty to move for cancellation of the bail bond of the petitioner.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T